HomeMy WebLinkAboutItem 13 Second Reading on a Proposed Metro Plan Amendment and Goal Exception to Allow the Oregon Department of Transportation (ODOT) to Remove the Decommissioned I-5 Bridge and Temporary Detour Bridges, Construct a Permanent Replacement Bridge and Place
AGENDA ITEM SUMMARY Meeting Date: July 21,2008
Meeting Type: Regular Session
Department: _ Development Services'
Staff Contact: Gregory Mott ~
S P R I N G FIE L D Staff Phone No: 726-3774
C I T Y C 0 UN C I L Estimated Time: 10 Minutes
ITEM TITLE: SECOND READING ON A PROPOSED METRO PLAN AMENDMENT AND
GOAL EXCEPTION TO ALLOW THE OREGON DEPARTMENT OF
TRANSPORTATION (ODOT) TO REMOVE THE DECOMMISSIOINED 1-5
BRIDGE AND TEMPORARY DETOUR BRIDGES, CONSTRUCT A
PERMANENT REPLACEMENT BRIDGE AND PLACE FILL WITHIN THE
WILLAMETTE RIVER GREENWAY SETBACK AREA.
ACTION
REQUESTED:
Conduct a public hearing and adopt/not adopt the following ordinance: AN
ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN
AREA GENERAL PLAN (METRO PLAN) TEXT, CHAPTER ill, SECTION D.
POLICY D.ll; ADOPTING AN EXCEPTION TO STATEWIDE PLANNING
GOAL 15 WILLAMETTE RIVER GREENWAY; ADOPTING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
ISSUE
STATEMENT:
ODOT must construct a permanent replacement bridge over the Willamette River at
1-5 to replace the temporary detour bridge erected in 2005. Some of the activity
associated with this project will require placement of fill in the Greenway Setback
Area; such an action requires an exception to Statewide Goal 15 and a Metro Plan
amendment.
ATTACHMENTS:
1. Ordinance with Modified Metro Plan Text
2. Notice of Ex Parte Communication and Opportunity to Rebut
DISCUSSION/
FINANCIAL
IMPACT:
The 1-5 Willamette River Bridge project is located within the boundaries of the
Metro Plan and crosses over the Willamette River and adjoining Greenway. By
rule, only water related and water dependent uses are allowed in the Greenway
Setback; bridges do not meet the defmition of water dependent or water related uses
found in the Statewide Goals; therefore an exception is required. The Rule also
requires the goal exception to be included within the comprehensive plan; hence a
Metro Plan amendment is also required before any bridge structural materials may
be placed within the Willamette River Greenway Setback. .
The joint elected officials conducted a public hearing on this application on June
24, 2008. The public hearing was closed on that same date; however the written
record was extended an additional week by the Eugene City Council and Lane
County Board of Commissioners. The Springfield City Council did not extend the
record. On July 10, 2008, Mayor Leiken and Councilor Ballew attended a
Metropolitan Policy Committee meeting wherein ODOT staff presented an update
on the 1-5 Bridge project. The information shared at this presentation constitutes ex
parte communication that must be disclosed and requires that interested parties be
provided an opportunity to rebut this information prior to a decision. All interested
parties were provided with a notice of this circumstance, how to access the ex parte
information and an explanation of opportunities to provide rebuttal testimony.
ORDINANCE NO.
AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD
METROPOLITAN AREA GENERAL PLAN (METRO PLAN) TEXT, CHAPTER
III, SECTION D, POLICY D.ll; ADOPTING AN EXCEPTION TO STATEWIDE
PLANNING GOAL 15 WILLAMETTE RIVER GREENWAY; ADOPTING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
The City Council of the City of Springfield finds that:
WHEREAS, Chapter IV of the Eugene-Springfield Metropolhan Area General
Plan (Metro Plan) sets forth procedures for amendment of the Metro Plan, which are
implemented for Springfield by Chapter 5, Section 5.14-100 through 5.14-155 of the
Springfield Development Code, for Lane County by Lane Code 12.225(2)( a & b), and for
Eugene by Eugene Code Section 9.7730(3); and
WHEREAS, on February 1,2008 the Oregon Department of Transportation
(ODOT) submitted an application to the City of Eugene for a Metro Plan text
amendment, an Exception to Goal 15 Willamette River Greenway for the 1-5 Willamette
Bridge Project; and
WHEREAS, a joint public hearing of the planning commissions of the Cityof
Springfield, the City of Eugene and Lane County was held on April 29, 2008 to accept
testimony on this matter; and on June 3, 2008 the three Planning Commissions held a
joint public meeting to consider the testimony and evidence entered into the record of this
matter. Following the June 3, 2008 meeting the Springfield Planning Commission
forwarded a recommendation of approval to the Springfield City Council on the request
for an exception to statewide Goal 15 and amendment of Chapter III, Section D, Policy
D .11 of the Metro Plan; and
WHEREAS, the Springfield City Council conducted a joint public hearing ort
this amendment on June 24, 2008 with the Eugene City Council and Lane County Board
of Commissioners, and is now ready to take action based upon the above
recommendations and evidence and testimony already in the record as well as the
evidence and testimony presented at the joint elected officials public hearing; and
WHEREAS, substantial evidence exists within the record demonstrating that the
proposal meets the requirements of the Metro Plan, the Springfield DevelOPment Code,
and applicable state and local law as described in findings attached as Exhibit A, and
which are adopted in support of this Ordinance. '
ATTACHMENT 1 - 1
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF
SPRINGFIELD DOES ORDAIN AS FOLLOWS: .
Section 1: The Metro Plan P<?licy D.ll, Chapter III, Section D. is hereby
amended to read and provide as follows:
D.ll The taking of an exception shall be required if a non~water-dependent
transportation facility requires placing of fill within the Willamette River
Greenway setback.
"An exception to Statewide Planning Goal 15 Willamette River Greenway
was approved for Oregon Department of Transportation (ODOT) for
purposes of removing and replacing the decommissioned 1-5 Bridge, the
temporary detour bridge and the Canoe Canal bridge with two new parallel
bridges (one southbound and one northbound) within the 1-5 right-of-way
crossing the Willamette River and Canoe Canal and within the Willamette
River Greenway Setback Line. The exception authorizes construction and
later removal of one or more temporary work bridges; demolition of the
decommissioned 1-5 Willamette River Bridge, Canoe Canal Bridge, and
detour bridges; construction of the two replacement bridges; reconstruction
of the roadway approaches to the bridges (1-5 and ramps); rehabilitation of
the project area; and completion of any required mitigation ofproject
impacts. In association with these tasks, the exception further authorizes
within the Willamette River Greenway Setback Line the addition and
removal of fill within ODOT right-of-way and the removal of fill within a
temporary slope easement east of 1-5. This exception satisfies the criteria of
Oregon Administrative Rule (OAR) 660-004-0022(6) Willamette Greenway
and the exception requirements of OAR 660-004-0020 Goal 2, Part II(c) for a
'reasons' exception, and pursuant to OAR 660-004-0015, is hereby adopted
as an amendment to the Metro Plan text, Policy D.11, Chapter III, Section
D."
Section 2: The Metro' Plan is hereby amended to include the findings of fact and
conclusions of law supporting a "reasons" exception to Statewide Planning Goal 15 and
demonstrating compliance with OAR 660-004-0015, 660-004-0020 and 660-004-0022(6)
attached hereto as Exhibit A, and incorporated herein by this reference.
Section 3: The findings set forth in attached Exhibit A are adopted as findings in
support of this Ordinance.
Section 4 :' If any section, subsection, sentence, clause, phrase or portion of the
Ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portions thereof.
ATTACHMENT 1 - 2
Section 5: Notwithstanding the effective date of ordinances as provided by
Section 2.110 of the Springfield Municipal Code 1997, this Ordinance shall become
effective 30 days from the date of passage by the City Council and approval by the
'Mayor, or upon the date of its acknowledgement as provided by ORS 197.625, whichever
date is later, provided that by that date the Eugene City Council and the Lane County
Board of Commissioners have adopted ordinances containing identical provisions to
those described in Sections 1 and 2 of this Ordinance.
Adopted by the Common Council of the City of Springfield this _ day of July,
2008 by a vote of _ in favor and _ against.
Approved by the Mayor of the City of Springfield this _ day of July, 2008.
Mayor
ATTEST:
City Recorder
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OP\TE: _~JL_U~r__
OFFICE OF CI !HTOHNEY
ATTACHMENT 1 - 3
225 FIFTH STREET. SPRINGFIELD, OR 97477 . PH: (541)726-3610 . FAX: (541)726-3689
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CITY OF SPRINGFIELD, OREGON -
Date: July 17, 2008
To: Interested Parties for 1-5 WillametteRiver Bridge Project
From: ,Gregory Mott, Planning Manager, City of Springfield
You are'receiving this information because you are included on the interested parties list for
consideration of the Oregon Department of Transportation's (ODOT's) land use applications for
the 1-5 Willamette River Bridge Project (City of Springfield ~ileLRP 2007-00010). The
application before the City includes Metro Plan text amendments and adoption of an exception to
Statewide Planning Goal 15. City Council action on these items is scheduled for July 21,2008 at
7:00 p.m. at Springfield City Hall, Council Chambers, 225 Fifth Street, Springfield, OR 97477.
This letter provides you with notice that on July 10, 2008, Eugene City Councilor Anne Ballew
and Mayor Sid Leiken received information at a meeting of the Metropolitan Policy Committee
related to ODOT's applications. The information went beyond the scope of the information
included in the public record established for ODOT's land use applications pending with the City
and therefore, may be considered an ex parte communication. The information the Mayor and
Councilor received can be reviewed at: http://www.lanecounty.org/WebCastLCOG/Default.aspx.
The general content of the communication will be disclosed at the Springfield City Council's
July 21, 2008 meeting. Persons wishing to rebut the substance of the communication may
provide written testimony limited to such rebuttal, or may appear at the July 21, 2008 City
Council meeting to do so orally.
Written rebuttals may be submitted to the attention of Gregory Mott, Planning Manager, at 225
Fifth Street, Springfield, OR 97477. All written submittals must be received by 5:00 p.m. on
July 21, 2008.
ATTACHMENT 2 - 1